[HISTORY: Adopted by the Council of the Borough
of Baden as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-19-1965 by Ord. No. 565]
No person, association, firm or corporation
shall keep or suffer to remain upon his or her premises or on any
private property, any garbage, offal, carcass, putrid matter, refuse
or other offensive or unwholesome matter, or cast the same upon any
lot or piece of ground within the Borough, or upon the shores or margin
of any stream or body of water, or into any sewer, inlet or upon any
sidewalk in the Borough. Nor may any person, firm or corporation use
or permit to be used any spot or place within the Borough as a public
or private dump for garbage, refuse or rubbish.
[Amended 5-15-1985 by Ord. No. 759; 6-9-2004 by Ord. No.
870]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be punishable by a fine
of not more than $1,000, not less than $300, and the costs of such
proceedings or, upon default of payment of such fine and costs, by
imprisonment in the county jail for a term of not more than 30 days.
[Adopted 3-19-1980 by Ord. No. 712]
The following words, when used in these regulations,
shall have the meanings respectively ascribed to them:
Residue from fires used for cooking and for heating buildings.
A metal or plastic container normally used as a container
for garbage or refuse, which container shall be equipped with a cover
or lid which will securely close so as to prevent rodents and insects
from entering said container or prevent the contents of the same from
being scattered.
Includes all refuse accumulations of animal, fruit or vegetable
matter that attend the preparation, use, cooking, dealing in or storage
of meat, fish, fowl, fruits or vegetables; and containers originally
used for foodstuffs.
Any natural person, association, partnership, firm, corporation
or any manager or supervisor in charge of any business location.
Garbage or rubbish, or both.
Includes all other refuse, except rocks, concrete, bricks
and similar solid material, plaster or dirt.
It shall be unlawful to place or permit to remain
anywhere in the Borough of Baden any garbage or other material subject
to decay other than leaves or grass, except in a tightly covered metal
or plastic container.
It shall be unlawful to cause or permit to accumulate
any dust, ashes or trash of such material that it can be blown away
by the wind, anywhere in the Borough of Baden except in a covered
container.
It shall be unlawful to deposit or permit to
fall from any vehicle any garbage, refuse or ashes on any public street
or alley in the Borough of Baden, provided that this section shall
not be construed to prohibit placing garbage, refuse or ashes in a
container complying with the provisions of this article preparatory
to having such material collected and disposed of in the manner provided
herein.
It shall be unlawful to dump or place any garbage,
refuse or ashes on any premises in the Borough of Baden without the
consent of the owner of such premises.
It shall be unlawful to dispose of any garbage
or refuse anywhere in the Borough of Baden, except in an incinerator
or disposal device properly constructed and operated or in a lawfully
established garbage or refuse dump. Such material not so properly
disposed of shall be placed in containers for collection by the Borough
of Baden as hereinafter prescribed.
[Amended 12-28-1983 by Ord. No. 750; 2-20-1985 by Ord. No.
758; 1-21-1987 by Ord. No. 770; 1-20-1988 by Ord. No. 775; 1-18-1989 by Ord. No. 780; 12-20-1989 by Ord. No. 784; 5-19-1993 by Ord. No.
809; 1-16-2007 by Ord. No. 905]
A.
The Council for the Borough shall, by appropriate legal procedure,
designate from time to time a collector for the collection of garbage
and refuse within the Borough. The collection shall be made from all
premises at least once each week for garbage and rubbish, provided
that the material is properly stored for collection in a container
complying with the provisions of this article. Furthermore, there
shall also be a biweekly collection of recyclables from all premises
within the Borough.
B.
The fee for the aforementioned collections, effective January 1,
2008, shall be paid quarterly and shall be $40 per quarter per unit
for garbage, rubbish and recyclables collection. Any future changes
to this fee shall be effectuated by the Borough's Council by
act of a resolution and shall always equate to the contractual or
actual cost of the services, with the only possible addition being
an administration fee.
C.
All residential single-family properties, vacant or occupied, shall
pay the required quarterly garbage/recyclables fee unless provided
an exemption at the discretion of Borough Council.
D.
All commercial or multi-unit buildings shall pay the quarterly garbage/recyclables
fee for each unit within the building, unless the Borough of Baden
is provided proof that the building is serviced by an appropriately
sized dumpster(s) being paid for directly by the property/unit owner
or occupier. However, the owner/occupier shall still pay 1/3 of the
quarterly fee for pickup of recyclables.
[Amended 1-16-2007 by Ord. No. 905]
The number of containers utilized to place garbage
for pickup shall be unlimited.
All garbage and refuse for collection by the
authorized agents or employees of the Borough of Baden shall be placed
in plastic bags or suitable containers equipped with a cover and equipped
with handles so that they may be lifted and carried by one man. No
such container shall have a capacity of more than 30 gallons.
A.
Bills for the collection of garbage and rubbish shall
be sent out quarterly.
B.
In the case of a single-family and two-family residence,
all bills for garbage and refuse collection shall be rendered to the
owner of the premises to which the garbage and refuse collection is
furnished by the Borough, and such owner shall in all cases be liable
for the payment of such bills.
C.
In the case of apartment dwellings of three units
or more, one bill for all housekeeping units within said apartment
dwelling shall be rendered either to the owner of the premises or
the superintendent and/or manager of said apartment dwelling, and
such owner and/or superintendent or manager shall in all cases be
liable for the payment of such bills.
D.
All accounts shall be considered delinquent if not
paid on the due date appearing on the water bill. All delinquent accounts
are subject to stoppage of service without notice. If a delinquent
account is not paid by the due date, the contractor collecting for
the Borough shall cease all refuse collection for that account. Service
shall be resumed thereafter only on payment of the accumulated fees
for the period of collection and the period of noncollection, plus
a ten-percent penalty. The stoppage of services hereinbefore authorized
for nonpayment of collection charges shall be in addition to the right
of the Borough to proceed for the collection of such unpaid charges
by an action in assumpsit or, at the election of the Borough, in any
other manner provided by law for the collection of a municipal claim.
No person, association, firm or corporation
shall accumulate, dump or cast any brush, paper or refuse upon or
on any of the streets, alleys, thoroughfares or sidewalks of the Borough
of Baden.
[Amended 5-15-1985 by Ord. No. 759; 6-9-2002 by Ord. No. 870]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be punishable by a fine
of not more than $1,000, not less than $300, and the costs of such
proceedings or, upon default of payment of such fine and costs, by
imprisonment in the county jail for a term of not more than 30 days.
